Wage deduction – Withdrawing consent

Q: We have a deduction clause in our employment agreements for if an employee doesn’t work out their required notice period.

Can an employee withdraw their consent when resigning and providing a shorter notice period?

A: A notice period stated in an employment agreement is an agreed term.  The employer and employee cannot vary that without the consent of the other party so No in this situation unless the employer agrees.

Be very careful about using that clause to deduct notice not worked by the employee, there needs to be a discussion.  Yes the employee can use the Wages Protection Act to redraw their consent on any deduction made by the employer from their pay.

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